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HomeMy WebLinkAbout10/16/2012 City Council October 16, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 16, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 16th day of October 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Absent Pent' Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present And with six council members present a quorum was established and the following items were addressed: LO ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Shula Netzer spoke in favor of a bridge at South Colony Boulevard and Hwy. 121. Announcement of upcoming civic events and activities I- Parks and Recreation update. City Manager Troy Powell apologized for the siren malfunction over the weekend and said the problem has been resolved. Also, Troy mentioned that Keith Helms, Park Development Manager, passed away recently. Mayor McCourry said Councilmember Terre was out on business. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held September 26 [Mikulec] and October 2 [Mikulec DVS], and October 8 [Boyer], 2012 (City Secretary) 2.2 Consider accepting the Planning and Zoning Commission Annual Report for 2011-12 (Joyce) Motion to approve- Connelly; seeond by Marks; motion passed with all ayes. [10 REGULAR AGENDA ITEMS 3.1 Discuss and consider rescheduling or cancelling the November 6, 2012 city council meetings due to Election Day being on the same date (Mayor) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 October 16, 2012 Councilmember Schrag immediately made a motion to approve and Councilmember Mikulec made a second to the motion. Mayor McCouiry asked staff if there are items needing to be addressed at this meeting. Tod Maurina and City Attorney Jeff Moore indicated they do have items that shouldn't wait until the second November meeting. The motion and second were withdrawn. Councilmember Boyer mentioned that council is already meeting on October 30`" and those items could be addressed then. Motion to move the meeting to October 30`x'- Marks; second by Boyer; motion passed with all ayes. 3.2 Discuss and consider approving a resolution authorizing the city manager to execute a Development Agreement between the City of The Colony and the Residences of Austin Ranch No. 6, Ltd. to allow a portion of the Parks of Austin Ranch (Austin Ranch Phase 6) to be replatted as Lots 6, 7R, 8R, lOX- R, 11X, 12 and 13, Block A (Development Services, Joyce) Development Services Director Mike Joyce reviewed the purpose of the agreement and the substantive provisions of the agreement. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a conditional construction contract with Mario Sinacola & Sons for the Memorial - Spring Creek Connector Bridge (Engineering, Scruggs) City Engineer Gordon Scruggs said this contract is for construction of the railroad bridge and the work in the right-of-way, which is the third phase of the project. The low bidder is Mario Sinacola & Sons at a cost of $2,206,509.50. The total cost of the project ($22.2M) has overruns of $5M that are expected to be covered by Denton County. He added that this contract is conditional on the city entering into maintenance agreements with Frisco and the BNSF Railroad. Gordon indicated that these agreements will be presented to council next month. City Manager Powell added that the stone requirement for the bridge was removed which did reduce the cost. Motion to approve- Boyer; second by Marks; motion passed with all ayes. 3.4 Discuss and consider directing the city attorney to prepare a resolution for council approval prior to December 31, 2012 regarding the option in S.B. 100 that allows cities to change council terms from expiring in May to expire in November. Adoption of the resolution would result in the current city council terms being extended for six months and elections being held on the first Tuesday following the first Monday of November in future election years. (Mayor) Mayor McCourry told the council that this change could improve voter turnout for local elections, adding that Denton County will put the city's items first on the 2 October 16, 2012 November- ballot. Attorney Jeff Moore reviewed the purpose of S.B.100, adding that it offers some options for cities to change when they hold their elections. Moving the election from May to November, changing to two or four year terms or election of all seven members at the same time are options. There is a deadline of December 31, 2012 for council to adopt a resolution for a change. Several council members stated the only option they would be in favor of considering is pushing the elections from May to November. Motion to direct the city attorney to prepare a resolution to present to council for a change from May to November with the terms staying the same- Marks; second by Boyer; motion passed with all ayes except for Connelly avho voted 11o. Executive Session 7:40 p.m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding a Marine Quest lease agreement and development agreement. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.087 of the TExAs GOVERNMENT CODE to seek legal advice from the city attorney and discuss provision of economic development incentive regarding infrastructure improvements for the Tribute area. C. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate regarding commercial or financial information the city has received from a business prospect(s) and to deliberate the offer of a financial or other incentive to a business prospect(s). D. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GovERN1Y[ENT CODE regarding personnel matters to wit: City Attorney annual evaluation. Reconvened Open Session at 9:17 p.m. 4.2 A. Any action as a result of executive session regarding a Marine Quest lease agreement and development agreement. No action. B. Any action as a result of executive session regarding economic development incentive regarding infrastructure improvements for the Tribute area. No action. C. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect(s). No action. D. Any action as a result of executive session regarding City Attorney annual evaluation. 3 October 16, 2012 No action. And with no further business to discuss the meeting was adjourned at 9:17 p.m. APPROVED: 10/e McCo I Mayor City of The Colony ATTES hristie Wilson, TRMC City Secretary ~E X A~ 4